What will happen to Justice Corona’s cases?

“Mors omnia solvi”

As a general rule, both criminal and civil cases against him are expected be dismissed. Death dissolves all things. 

The Revised Penal Code, under Article 89 (1):

“By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment;”

Further, in People vs. Jose, 1976, the Supreme Court ruled:

“In view of the death of the accused during the pendency of this case, he is relieved of all personal and pecuniary penalties attendant to his crime, his death occurring before rendition of final judgment.” (id.)

In the case of Justice Corona, the cases have not yet even reached the trial phase. Therefore, it is automatic, upon manifestation of the attorneys of CJ Corona formally informing the court of their client’s death, the cases are expected to be dismissed.

Consequently, the garnishing of his (and his wife’s) properties will be lifted as Sandiganbayan will automatically lose jurisdiction over the case and, in effect, over Mrs. Corona who is a private citizen.

The rationale behind the mors omnia solvi doctrine is simple: How can one be convicted and be held accountable of any crime if the accused was not able to defend himself in court? Remember, “homo paresumitur bonus donec propetur malus,” one is innocent until proven guilty.

May you rest in peace, Hon. Justice Corona.


Photo credits: newsinfo.inquirer.net
Read further: Francisco Tata’s editorial in Manila Times, http://www.manilatimes.net/corona-is-gone-but-truth-honor-and-justice-must-be-served/259622/

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